Terms & Conditions
Shadecream.com is managed by Not The Norm Ltd.
1. This website is designed and hosted by Not The Norm Ltd, a private limited company whose registered office is 80 Godstow Road, Oxford, OX2 8NY.
2. Not the Norm Ltd reserves the right to vary, alter, replace or remove information on this Website without notice.
3. Not the Norm Ltd will strive to provide uninterrupted access to this Website, but access may be suspended, restricted or terminated at any time.
4. Not the Norm Ltd assumes no responsibility for the contents of any other websites to which this Website may have links.
5. Copyright in the material contained in this Website, together with this Website's design, text and graphics, and their selection and arrangement, and all software compilations, underlying source code and software (including applets) belongs to Not the Norm Ltd or the providers of such information. Content may not be reproduced or redistributed without our written permission.
6. While you retain ownership of all copyright in data you submit to this Website, you also grant Not the Norm Ltd world-wide exclusive, royalty-free, non-terminable licence to use, copy, distribute, publish and transmit such data in any manner. We undertake not to offer or supply any information supplied to this site to any third parties for purposes other than those of Not the Norm Ltd or Shadecream.com.
7. Not the Norm Ltd uses reasonable endeavours to ensure that the data on this Website is accurate and to correct any errors or omissions as soon as practicable after being notified of them. To the extent permitted by applicable law, Not the Norm Ltd disclaims all warranties and representations (whether express or implied) as to the accuracy of any information contained on this Website. Not the Norm Ltd does not guarantee that this Website will be fault-free and neither will accept liability for any errors or omissions.
8. Not the Norm Ltd does not give any warranty that this Website is free from viruses or anything else which may have a harmful effect on any technology.
9. These terms and conditions are governed by and to be construed in accordance with the law of England. Any disputes shall be subject to the exclusive jurisdiction of the English Courts.
We have tried to set out as clearly as possible the legal basis of Shadecream.com - both as a provider of information and as a retailer. Please do contact us if you have any questions.
Material on this website is protected by copyright which is owned by Not the Norm Ltd. Users may view, print and download the contents for personal use only and the contents must not be used for any commercial purposes. The material on this website or any part of it is not to be incorporated or distributed in any work or in any publication in any form. Disclaimers Whilst Not the Norm Ltd has endeavoured to ensure that information provided by us on this site is accurate, the editorial views expressed on these pages are not representative of the views of Not the Norm Ltd and we give no warranty as to the reliability of the information contained within these pages or in relation to material linked to or from this site. The information displayed is of a general nature and no reliance should be placed on it. Not the Norm Ltd assumes no liability for any claims by a third party for loss (direct, indirect or consequential) which may arise from reliance on information contained in the contents of these pages or in respect of any error or omission, except in relation to death or personal injury caused by our negligence. The views expressed by third parties placing material on these pages are not representative of the views of Not the Norm Ltd. Not the Norm Ltd cannot monitor the content not produced by us and has not reviewed all the third party material published on this site and Not the Norm Ltd accepts no liability whatsoever in relation to the content of third party material placed on these pages, except in relation to death or personal injury caused by our negligence.
Terms and Conditions
ORDERS SUBMITTED ON WWW.SHADECREAM.COM ("THE WEB SITE") ARE SUBJECT TO THE TERMS AND CONDITIONS ("THE CONDITIONS") SET OUT BELOW. BY SUBMITTING AN ORDER ON THE WEB SITE YOU ("THE BUYER") AGREE AND ACCEPT TO BE BOUND BY THESE CONDITIONS. THE "GOODS" MEANS THE GOODS WHICH THE SUPPLIER IS TO SUPPLY UNDER THE CONTRACT. ANY REFERENCE IN THE CONDITIONS TO WRITING SHALL INCLUDE FACSIMILE AND E-MAIL AND ANY REFERENCE TO WORKING DAYS SHALL MEAN THE HOURS BETWEEN 0900 HOURS AND 1700 HOURS ON ANY DAY OF THE WEEK EXCLUDING SATURDAYS, SUNDAYS AND PUBLIC HOLIDAYS.
1.1 The Buyer shall place an order for Goods by submitting a completed order form on the Web Site, by mail, fax or phone. The Supplier will supply the Goods to the Buyer in accordance with the Buyer's order.
1.2 These Conditions shall govern the Contract to the exclusion of any other terms or conditions.
1.3 Any advice or recommendation given by any representative of the Supplier to the Buyer relating to the Goods which is not confirmed in Writing by the Supplier will not be binding on the Supplier. 1.4 Any variation to these Conditions must be agreed in Writing between the Buyer and the Supplier.
2. ORDERS AND QUOTES
2.1 In accepting a quote or submitting an order for the Goods the Buyer acknowledges that: 2.1.2 the limitations of monitor capabilities and of printers mean that the colour of the products on the Web Site may vary from the Goods supplied to the Buyer under the Contract.
2.2 Any error in any quote, sales literature or other document or information issued by the Supplier or placed upon the Web Site may be corrected without any liability to the Supplier.
2.3 The Supplier may make any changes in the specification of the Goods to conform with any statutory or European Union requirements or, where the Goods are to be supplied to the Supplier's specification, which do not materially affect their quality or performance.
3. RIGHT OF WITHDRAWAL
3.1 Buyer has the right to withdraw from the Contract within 7 Working days of submitting the order for the Goods by giving Written notice of withdrawal and the Supplier shall credit the Buyer's credit card for the price of the Goods [and the Seller's delivery charges] as set out below in clause 4.2.
3.2 The Buyer shall pay the costs of returning the Goods to the Supplier in the same condition as when dispatched by the Supplier by the same method as they were delivered in the event that the Goods had been dispatched by the Supplier prior to receipt of the Written notice of withdrawal.
4.1 The price of the Goods shall be the price quoted on the Web Site on the date of acceptance of the order by the Supplier. 4.2 The price of the Goods does not include delivery and accordingly all prices are ex works the Supplier's premises. The Buyer will pay the Supplier's delivery charges by the method and to the premises specified in the Buyer's order for transport, packaging and insurance as quoted on the Web Site on the date of acceptance of the order.
4.3 The price for the Goods is inclusive of any applicable value added tax, which the Buyer shall be liable to pay to the Supplier.
5. PAYMENT TERMS
5.1 Payments shall be made by credit card, cheque or money order on the date on which the Buyer's order is accepted by the Supplier.
5.2 Credit cards accepted by the Supplier are those listed on the Web Site on the date on which the Buyer's order is accepted by the Supplier.
6.1 The time place and method for delivery shall be as stated on the Web Site. Where delivery is otherwise than at the Supplier's premises, the Supplier shall be under no obligation under Section 32(2) Sale of Goods Act 1979.
6.2 Time for delivery shall not be of the essence.
6.3 If the Buyer does not take delivery of the Goods or give the Supplier adequate delivery instructions then the Supplier may store the Goods until actual delivery and charge the Buyer for the reasonable costs (including insurance) of storage. The Supplier shall not owe the Buyer any duty of care under Clause
6.3 and shall not be liable to the Buyer for any loss, damage or deterioration of the Goods during storage.
6.4 If there is short delivery the Buyer shall inform the Supplier in Writing within  Working days from the date of delivery. If the Buyer does not so do the Supplier shall not be responsible for any loss or damage suffered by the Buyer as a result of the short delivery. If there is short delivery, the Supplier's liability shall in any case be limited to the price of the Goods not delivered.
7. RISK AND OWNERSHIP
7.1 Risk of damage or loss of the Goods shall pass to the Buyer on delivery or, if the Buyer fails to take delivery of the Goods, the time when the Supplier has tried to deliver the Goods.
7.2 Title in the Goods shall pass to the Buyer on delivery of the Goods.
8. INTELLECTUAL PROPERTY
8.1 All intellectual property and other proprietary rights (including, but not limited to, copyright and trademarks) and all technical, business or similar information (including but not limited to, all designs, documents and other materials relating to the Goods) created by the Supplier during the course of the Contract shall be, and shall remain, the property of the Supplier only.
9. WARRANTY AND LIABILITY
9.1 Nothing in this clause 9 shall exclude the Supplier's liability for death or personal injury caused by its negligence.
9.2 Subject to the conditions set out below the Supplier warrants that all Goods will correspond with the Order at the time of delivery and will be free from defects on delivery.
9.3 If the Supplier is in breach of the warranty contained at clause 9.2 above, the Buyer shall advise the Supplier in Writing immediately and in any case not later than  working days from the date of discovery of the defect.
9.4 On receiving a notice under clause 9.2 above, the Supplier may, at its sole option:-
9.4.1 repair the Goods;
9.4.2 replace all or any part of the defective Goods; or
9.4.3 refund the price of those Goods which are defective.
9.5 The warranty contained in clause 9.2 shall be the extent of the Supplier's liability for defective Goods.
9.6 The Goods are not tested and sold as fit for any particular purpose and any terms of warranty or condition express implied or statutory to the contrary is excluded to the fullest extent allowed in law.
9.7 Save as expressly provided in these Conditions, and except where the Goods are sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977) all warranties conditions terms and liabilities express or implied by statute or common law are excluded to the fullest extent permitted by law and the Supplier will not be liable to the Buyer for any loss of any kind whatsoever which arises out of the breach of implied warranties or conditions or breach of any other duty of any kind imposed on the Supplier by operation of law.
9.8 The Supplier will not be liable for any of the following losses which may arise by reason of any breach of the Contract or any implied warranty, condition or other term, any representation or any duty of any kind imposed on the Supplier by operation of law:
9.8.1 any loss of anticipated profits or expected future business;
9.8.2 damage to reputation or goodwill;
9.8.3 any damages costs or expenses payable by the Buyer to any third party;
9.8.4 loss of any order or contract; or
9.8.5 any consequential loss of any kind.
9.9 Unless otherwise provided in these Conditions, and subject to clause 9.5, the liability of the Supplier for breach of any express or implied term of this Agreement shall be limited to the reasonable cost of remedying any defect in the Goods or other matter constituting a breach and in no circumstances shall the Supplier's liability exceed the total amount paid by the Buyer to the Supplier under the Contract.
9.10 If, notwithstanding the provisions of this clause 9, liability attaches to the Supplier in no circumstances shall the Supplier's liability to the Buyer for a breach of any express or implied terms of the Contract or any other duty of any kind imposed on the Supplier by law arising out of or in relation to the Contract exceed .
9.11 Without prejudice to any other provision of this clause 9, the Supplier will not be in breach of the terms of the Contract for any delay in performing, or failure to perform, its obligations under the Contract if that delay or failure was due to any cause or circumstance beyond the Supplier's reasonable control.
The Buyer shall indemnify the Supplier against any loss or damage suffered by the Supplier as a result of any claims brought against the Supplier by any third party for:-
10.1 any loss, injury or damage caused by the Goods or their use;
10.2 any loss, injury or damage in any way connected with this Contract provided that this Clause will not require the Buyer to indemnify the Supplier against any liability for the Supplier's own negligence.
11. EXPORT TERMS
11.1 In these Conditions 'Incoterms' means the international rules for the interpretation of trade terms of the International Chambers of Commerce in force on the date when the Contract is made. Unless the context otherwise requires, any expression which is defined in Incoterms shall have the same meaning in these Conditions, but if there is any conflict between Incoterms and these Conditions, these Conditions shall prevail.
11.2 Where the Goods are supplied for export from the United Kingdom, if the provisions of this Clause 11 are inconsistent with any other provision of these Conditions, the provisions of this Clause 11 shall prevail.
11.3 The Buyer shall be responsible for complying with any legislation or regulation governing the importation of the Goods into the country of destination and for the payment of any duties.
11.4 The Buyer shall where applicable:-
11.4.1 not either directly or indirectly export the Goods or any product incorporating the Goods without first obtaining a licence to export or re-export from the United Kingdom Government and/or the United States Office of Export Administration (the "OEA");
11.4.2 comply with the export regulations of the United Kingdom Government and/or the OEA. 11.5 The Goods shall be delivered DDP and the Supplier shall be under no obligation to give notice under section 32(3) of the Sale of Goods Act 1979.
12.1 The Supplier may terminate this Contract or any other contract between the parties and may cancel or suspend future deliveries (under this Contract or any other contract) if the Buyer:-
12.1.1 is in breach of these Conditions or any other contract between the parties; or
12.1.2 has a petition presented for its winding up or for an administration order to be made in respect of it; has a receiver or administrative receiver appointed over it or any of its assets; resolves to wind itself up (other than for a solvent reorganization); has a bankruptcy order made against it or any of its partners; or enters, or proposes to enter into a composition or voluntary arrangement with its creditors.
12.2 On termination, the Buyer shall pay to the Supplier all costs, expenses (including legal and other fees incurred), arrears, charges or other payments arising in respect of the Goods under the contract.
12.3 Termination shall not affect either party's accrued rights under the Contract.
13. WITHDRAWAL AND USE OF GOODS
13.1 The Supplier may withdraw the sale or distribution of any goods produced by or generally supplied by the Supplier without prior notice, or liability, to the Buyer.
13.2 If the Supplier provides the Buyer with information about the use for which the Goods are designed and about any conditions necessary to ensure that the Goods will be safe then the Buyer shall use the Goods accordingly.
14.1 Any notice required under these Conditions shall be in Writing addressed to the other party at its registered office or principal place of business or any other address notified by the receiving party to the party giving the notice. Any notice shall be deemed to be served:
14.1.1 if sent by pre-paid first class post to the party to whom it is given, on the second Working Day after posting; or
14.1.2 if sent by pre-paid air-mail post to the party to whom it is given, on the seventh Working Day after posting; or
14.1.3 if sent by fax to the recipient's fax number at the date and time given on the sender's transmission acknowledgement slip or (in the case of manifest error or loss of the slip) on receipt.
14.2 If any of these Conditions is held by any competent authority to be unlawful, invalid or unenforceable in whole or in part then the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected thereby and shall continue to be valid and enforceable to the fullest extent permitted by law.
14.3 The Contract and these Conditions shall be under English law and the parties submit to the exclusive jurisdiction of the English Courts if there are any disputes between them of any kind.
14.4 The Buyer shall not transfer, assign or sub-contract its obligations under the Contract without the Supplier's prior consent in Writing.
14.5 Failure or neglect by the Supplier to enforce at any time any of these Conditions shall not be a waiver of the Supplier's rights and it shall not affect the validity of the whole or any part of these Conditions or prejudice the Supplier's right to take subsequent action.
Website Privacy Notice
This privacy notice provides you with details of how we collect and process your personal data through your use of our site www.shadecream.com.
By providing us with your data, you warrant to us that you are over 13 years of age.
Not the Norm Ltd is the data controller and we are responsible for your personal data (referred to as “we”, “us” or “our” in this privacy notice).
Our full details are:
Full name of legal entity: Not the Norm Ltd
Email address: firstname.lastname@example.org
Postal address: 80 Godstow Road, Oxford, OX2 8NY, United Kingdom
It is very important that the information we hold about you is accurate and up to date. Please let us know if at any time your personal information changes by emailing us at email@example.com.
2. WHAT DATA DO WE COLLECT ABOUT YOU, FOR WHAT PURPOSE AND ON WHAT GROUND WE PROCESS IT
Personal data means any information capable of identifying an individual. It does not include anonymised data.
We may process the following categories of personal data about you:
- Communication Data that includes any communication that you send to us whether that be through the contact form on our website, through email, text, social media messaging, social media posting or any other communication that you send us. We process this data for the purposes of communicating with you, for record keeping and for the establishment, pursuance or defence of legal claims. Our lawful ground for this processing is our legitimate interests which in this case are to reply to communications sent to us, to keep records and to establish, pursue or defend legal claims.
- Customer Data that includes data relating to any purchases of goods and/or services such as your name, title, billing address, delivery address email address, phone number, contact details, purchase details and your card details. We process this data to supply the goods and/or services you have purchased and to keep records of such transactions. Our lawful ground for this processing is the performance of a contract between you and us and/or taking steps at your request to enter into such a contract.
- User Data that includes data about how you use our website and any online services together with any data that you post for publication on our website or through other online services. We process this data to operate our website and ensure relevant content is provided to you, to ensure the security of our website, to maintain back-ups of our website and/or databases and to enable publication and administration of our website, other online services and business. Our lawful ground for this processing is our legitimate interests which in this case are to enable us to properly administer our website and our business.
- Technical Data that includes data about your use of our website and online services such as your IP address, your login data, details about your browser, length of visit to pages on our website, page views and navigation paths, details about the number of times you use our website, time zone settings and other technology on the devices you use to access our website. The source of this data is from our analytics tracking system. We process this data to analyse your use of our website and other online services, to administer and protect our business and website, to deliver relevant website content and advertisements to you and to understand the effectiveness of our advertising. Our lawful ground for this processing is our legitimate interests which in this case are to enable us to properly administer our website and our business and to grow our business and to decide our marketing strategy.
- Marketing Data that includes data about your preferences in receiving marketing from us and our third parties and your communication preferences. We process this data to enable you to partake in our promotions such as competitions, prize draws and free give-aways, to deliver relevant website content and advertisements to you and measure or understand the effectiveness of this advertising. Our lawful ground for this processing is our legitimate interests which in this case are to study how customers use our products/services, to develop them, to grow our business and to decide our marketing strategy.
We may use Customer Data, User Data, Technical Data and Marketing Data to deliver relevant website content and advertisements to you (including Facebook and Google adverts or other display advertisements) and to measure or understand the effectiveness of the advertising we serve you. Our lawful ground for this processing is legitimate interests which is to grow our business. We may also use such data to send other marketing communications to you. Our lawful ground for this processing is either consent or legitimate interests (namely to grow our business).
Sensitive Data We do not collect any Sensitive Data about you. Sensitive data refers to data that includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data. We do not collect any information about criminal convictions and offences.
3. MARKETING COMMUNICATIONS
Our lawful ground of processing your personal data to send you marketing communications is either your consent or our legitimate interests (namely to grow our business).
Under the Privacy and Electronic Communications Regulations, we may send you marketing communications from us if (i) you made a purchase or asked for information from us about our goods or services or (ii) you agreed to receive marketing communications and in each case you have not opted out of receiving such communications since. Under these regulations, if you are a limited company, we may send you marketing emails without your consent. However you can still opt out of receiving marketing emails from us at any time.
We do not share your personal data with any third party for their own marketing purposes.
You can ask us to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you or OR by emailing us at firstname.lastname@example.org at any time.
If you opt out of receiving marketing communications this opt-out does not apply to personal data provided as a result of other transactions, such as purchases, warranty registrations etc.
4. DISCLOSURES OF YOUR PERSONAL DATA
We may have to share your personal data with the parties set out below:
- Service providers who provide IT and system administration services.
- Professional advisers including lawyers, bankers, auditors and insurers
- Government bodies that require us to report processing activities.
- Third parties to whom we sell, transfer, or merge parts of our business or our assets.
We require all third parties to whom we transfer your data to respect the security of your personal data and to treat it in accordance with the law. We only allow such third parties to process your personal data for specified purposes and in accordance with our instructions.
5. INTERNATIONAL TRANSFERS:
Countries outside of the European Economic Area (EEA) do not always offer the same levels of protection to your personal data, so European law has prohibited transfers of personal data outside of the EEA unless the transfer meets certain criteria.
Many of our third parties service providers are based outside the European Economic Area (EEA) so their processing of your personal data will involve a transfer of data outside the EEA.
Whenever we transfer your personal data out of the EEA, we do our best to ensure a similar degree of security of data by ensuring at least one of the following safeguards is in place:
- We will only transfer your personal data to countries that the European Commission have approved as providing an adequate level of protection for personal data by; or
- Where we use certain service providers, we may use specific contracts or codes of conduct or certification mechanisms approved by the European Commission which give personal data the same protection it has in Europe; or
- If we use US-based providers that are part of EU-US Privacy Shield, we may transfer data to them, as they have equivalent safeguards in place.
If none of the above safeguards is available, we may request your explicit consent to the specific transfer. You will have the right to withdraw this consent at any time.
6. DATA SECURITY
We have put in place security measures to prevent your personal data from being accidentally lost, used, altered, disclosed, or accessed without authorisation. We also allow access to your personal data only to those employees and partners who have a business need to know such data. They will only process your personal data on our instructions and they must keep it confidential.
We have procedures in place to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach if we are legally required to.
7. DATA RETENTION
We will only retain your personal data for as long as necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
When deciding what the correct time is to keep the data for we look at its amount, nature and sensitivity, potential risk of harm from unauthorised use or disclosure, the processing purposes, if these can be achieved by other means and legal requirements.
For tax purposes the law requires us to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for six years after they stop being customers.
In some circumstances we may anonymise your personal data for research or statistical purposes in which case we may use this information indefinitely without further notice to you.
8. YOUR LEGAL RIGHTS
Under data protection laws you have rights in relation to your personal data that include the right to request access, correction, erasure, restriction, transfer, to object to processing, to portability of data and (where the lawful ground of processing is consent) to withdraw consent.
You can see more about these rights at:
If you wish to exercise any of the rights set out above, please email us at email@example.com.
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive or refuse to comply with your request in these circumstances.
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you.
If you are not happy with any aspect of how we collect and use your data, you have the right to complain to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We should be grateful if you would contact us first if you do have a complaint so that we can try to resolve it for you.
9. THIRD-PARTY LINKS
This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of every website you visit.
We will refund any returned products bought on this website or any other Not the Norm Ltd website provided:
- The product is returned within 30 days (1 month) of the order date and is still in date
- The product is undamaged
- The labels are not defaced
- Any seals are intact
Any shipping fees we have been subject to as a result of the order will be deducted from the refund. If these have been specifically paid for at the time of ordering, a full refund of the value of the product only can be expected.
Regrettably we are unable to give refunds:
- If any seal has been broken or the product has clearly been used
- If any seal has been broken, yet the product remains within the container
If you are unsure whether the product is in a refundable state before you send it, please email photos of the product so that we can cofirm beforehand.
Not The Norm Ltd
Company Reg. No.: 04728383 VAT Reg. No.: GB800114600